Archive for November, 2011

How to File Civil and Commercial Litigation in China (A Guide for Foreigners and Foreign Enterprises)

To file civil and commercial litigation in China, foreigners shall take note of the following:

1. Subject of the Lawsuit

The Plaintiff shall:

Provide evidence concerning his or her identity, such as a passport, business qualification certificate (license, etc.) or other identification documents.

And provide the defendant’s identification, including proof of defendant’s residence or the photocopy of identity card, and the basic registration form of the defendant’s enterprise. .

2, the Commission Formalities

The lawsuit can be entrusted to a natural person or a Chinese lawyer. If the foreigner (or foreign Enterprise) shall not come in person to China to participate in the proceedings, the related commission formalities should be entrusted to the foreigner’s (or foreign enterprise) local notary office for notarization and should be certified by Chinese embassies and consulates in that country, or should implement the relevant provisions of international agreements, treaties on certification procedures.

3 , The Selection of the Competent Court

The Selection of the Competent Court includes (1), to select jurisdictions. i.e. the Court of jurisdiction that includes places where 1)the defendant is located, 2)the contract is performed ,3)an infringing act is committed, or any court stipulated by the Law of Civil Proceedings (2) To select differentiated jurisdiction court. In accordance with the civil law, major foreign-related civil and commercial cases shall be governed by the Intermediate People’s Court. Besides, according to the Supreme Court’s provision on issues concerning foreign-related civil and commercial litigations, foreign-related contract and tort, letters of credit, review of commercial arbitration clause, foreign arbitration, recognition and enforcement of judgments and other five specified cases should be under the jurisdiction of designated Intermediate People’s Court or Court, therefore, Foreign-related civil and commercial cases are not always under the jurisdiction of the local court.

4, Making Prosecution Documents and Submit Preliminary Evidence to Support Prosecution

The format of the prosecution documents shall follow that of Chinese legal documents and it is encouraged to select Chinese legal professionals to participate in the whole procedure. At this stage some Basic evidence may be submitted, but it is not required to submit all the evidence. The preliminary, based on evidence, usually including contracts, invoices, proof of infringement and of loss .

5 , To File the Litigation Document and Preliminary Evidence to the Court

To file the lawsuit to the court and sign for the related litigation Documents

6. To Submit All the Evidence That Has Been Collected During the Court-Appointed Period

During the court-appointed period, all the evidence that has been collected shall be submitted to the court. For the proof that cannot be submitted within this period, the plaintiff needs to apply for an extension before the deadline.

Evidence formed in foreign countries shall be certified by embassies and consulates of the host countries

The total trade volume of China’s agricultural products’ rose from 27.91 billion USD in 2001 to 121.96 billion USD in 2010, up by 3.4 folds.

According to the Ministry of Agriculture, China’s agricultural products’ trade volume rose from 27.91 billion USD in 2001 to 121.96 billion USD in 2010, up by 3.4 folds, achieving an annual growth rate of 17.8% and making China the third largest country in trade of agricultural products. At present the total turnover of agricultural products takes up as high as 20% of the agricultural added value, making a positive contribution to the development of the agriculture and rural economies.

Ministry of Agriculture officials said that in the past 10 years China has opened further the agricultural product market and adjusted the agricultural policy under the WTO framework, all these measures has deepened the reform in agriculture and rural areas. Besides, it has quickened the step in adjusting the structure of agriculture and industry and of urban and rural areas, raised subsidies for farmers and brought them tangible benefits, and put more effort to support the agricultural production and improve the agricultural support policy system. Moreover, China starts to straighten out and revise relevant laws and regulations on agriculture in accordance with the WTO rules, altogether modified 5 law documents and abolished 26 regulations and regulatory documents inconsistent with WTO rules. As a result, now the implementation of various laws and regulations becomes more transparent.

Ever since China’s entry to WTO, China’s overseas agricultural investment body become increasingly diversified, its overseas agricultural operation area expanded, its scale enlarged and the cooperation and development of the overseas agricultural resources has been carried out steadily. At the same time, through participating in the international competition, China’s agricultural product quality and safety system is improving over time: the agricultural products’ standards, basic construction and authentication system are constantly strengthened. As a result, the quality and safety standard of the agricultural products have witnessed significant improvement.

The officer points out that since its entry to WTO, China has been an active part in the decision-making procedure of multilateral trade rules, which has greatly improved its influence in the world. China becomes more competent in using the WTO rules to protect and promote the development of the domestic industry. From our wining of the “double reverse case” of Broiler Products to our positive participation in the double reverse case of the potato starch and appearance in warmwater shrimp cases, we have successfully safeguarded the interests of our domestic industry.